Law and justice explained
Can both parties jointly appoint an arbitrator?
Yes. Parties may consensually choose an eligible and independent arbitrator in accordance with their agreement and mandatory law. Record the appointment method and consent clearly.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- Can both parties jointly appoint an arbitrator?
- Parties may consensually choose an eligible and independent arbitrator in accordance with their agreement and mandatory law.
- Record the appointment method and consent clearly.
Detailed analysis
Understanding law and procedure
Can both parties jointly appoint an arbitrator?
Direct answer
Yes. Parties may consensually choose an eligible and independent arbitrator in accordance with their agreement and mandatory law. Record the appointment method and consent clearly.
Legal position and important distinctions
A consensual sole arbitrator can reduce costs in some smaller disputes.
A three-member tribunal may have separate procedures for nominees and the chair.
How the situation works in practice
- Statutory disclosures remain necessary even after consensus.
- If agreement fails, the contractual method or Section 11 may apply.
Practical next steps
- Screen proposed candidates for conflicts.
- Record appointment, seat, fees and language.
- Preserve mutual consent and disclosures.
Avoid this common mistake
A clear written appointment protocol is safer than an ambiguous oral understanding.
Official legal source and disclaimer
India Code — Arbitration and Conciliation Act, 1996
General legal information only. The result depends on the agreement, applicable amendments, dates, jurisdiction and record. This is not individual legal advice or a promise of success; verify the current law and binding decisions before publication or action.
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About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.